When conducting research in the legal field or in law-related disciplines, one of the most important components is your legal basis. Whether you're writing a thesis, policy paper, legal opinion, or even a classroom case study, citing the proper legal foundation supports the validity and relevance of your work.

This updated guide will walk you through how to make legal basis in research or how to write one effectively, what it means, and how to effectively identify and cite authoritative legal sources in the Philippines. We’ve also included examples, FAQs, and tools you can use to find court decisions, laws, and legal doctrines.

What Is Legal Basis in Research?

The legal basis in research refers to the laws, jurisprudence, or official rules that justify or support a particular point, claim, or framework used in your study. It serves as the foundation that legitimizes your methodology, findings, or legal argumentation.

In Philippine legal writing, this typically includes:

Constitutional provisions
Statutes (e.g., Republic Acts)
Supreme Court decisions
Administrative rules or issuances (e.g., from CHED, DOLE, CSC)
International treaties or conventions (if applicable)

Why it matters: Having a clear legal basis adds credibility to your research and ensures your arguments align with Philippine law. It also shows your awareness of current legal doctrines and frameworks.

How to Make a Legal Basis in Research: Step-by-Step

Here’s how to effectively create a legal basis for your paper or thesis:

1. Understand the Focus of Your Research

Identify the legal issue or social problem your research addresses. Ask:

What is the scope of my study?
Does this topic relate to constitutional rights, criminal law, labor law, family law, or administrative policies?

This helps determine which legal sources are relevant.

2. Use Legal Research Tools

Rely on reliable platforms to access legal texts. Some key resources include:

Digest PH: Legal Research Database – Use the AI tool to find laws, cases, and generate summaries.
Official Supreme Court Website – For full-text decisions and A.M. issuances.
LawPhil – Repository of Philippine laws, codes, and jurisprudence.
Official Gazette – For executive issuances and signed laws.

3. Identify the Applicable Law or Jurisprudence

Once you’ve found the laws or decisions related to your topic, pick the ones that directly support your study’s framework. Look for:

Sections or articles that clearly establish authority
Supreme Court decisions interpreting these laws
Administrative issuances providing policy context

4. Cite the Legal Basis Properly

Citations should follow standard legal format. For example:

Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act serves as the legal basis for analyzing protection orders in domestic abuse cases.

Or:

In People v. Genosa, G.R. No. 135981, the Supreme Court recognized battered woman syndrome as a valid defense under Philippine criminal law, serving as jurisprudential support for our hypothesis.

If you’re using multiple laws, organize them under thematic subheadings.

Example of Legal Basis in Research

Research Topic: Exploring the Legal Protection for Workers in the Gig Economy

Legal Basis Example:

This study is anchored on Article 13, Section 3 of the 1987 Philippine Constitution, which guarantees full protection to labor, and Republic Act No. 11058, or the Occupational Safety and Health Standards Law. Jurisprudence such as Independent Contractors Association v. NLRC (G.R. No. 123456) further clarifies employment classification in flexible work arrangements.

New and Updated Tips for 2025

With digital legal tools now more accessible, research strategies have evolved:

Use AI tools like Digest.AI to help translate codal provisions or generate sample citations.
Refer to the 2024 Bar Exam Syllabi to identify doctrines emphasized by the Supreme Court.
If working on interdisciplinary research, consult sectoral laws or issuances from agencies like CHED, DOLE, or the Civil Service Commission.

How to Write the Legal Basis Section (Format Tips)

When writing your legal basis, include:

Introductory Sentence – Explain why legal support is necessary for your topic.
Primary Law or Rule – Cite relevant provisions or statutes.
Related Jurisprudence – Reference at least one landmark decision.
Optional Supporting Policies – Include agency rules or issuances.
Transition – Briefly connect the legal basis to your research methodology or framework.

Sample Format:

The legal foundation of this study lies in [Law Title/Provision] which mandates/provides/recognizes [core legal concept]. Additionally, the Supreme Court in [Case Title, G.R. No.] upheld this principle, clarifying that [key ruling/doctrine]. These legal instruments justify the selection of [research variables/focus].

Tools to Support Legal Writing and Research

If you're overwhelmed by the volume of cases or codal provisions, you’re not alone. These tools can simplify your workflow:

Digest.AI – Ask legal questions, generate citations, and get explanations of doctrines.
Case Digest Repository – Access hundreds of categorized case summaries.
Philippine Court Decisions Database – Read actual rulings without combing through full-text PDFs.

Key Takeaways

Legal basis refers to official laws, rules, and court rulings that justify your research claims.
Use credible sources like Digest.PH, the Supreme Court, and LawPhil to find accurate legal references.
A strong legal basis improves your paper’s credibility, especially in legal and policy studies.
Write clearly and cite thoroughly—your legal foundation is what holds your argument together.

FAQs: Legal Basis in Research

Can a research topic have more than one legal basis?
Yes. Most topics require multiple laws and jurisprudence to fully justify their scope.

What if there’s no specific law on my topic?
You can use general legal principles or related case law that interprets similar issues.

Is citing jurisprudence mandatory in legal research?
It’s highly encouraged, especially in legal thesis work or papers requiring case interpretation.

What’s the difference between legal basis and theoretical framework?
Legal basis supports your study using laws and rules; theoretical framework uses academic models or social theories.

Can CHED or DOLE circulars be used as legal basis?
Yes, especially in administrative, education, or labor-related studies, as long as they are official issuances.

Strengthen Your Legal Research

Ready to strengthen your legal research with the right tools and sources? Start exploring the Philippine legal system more efficiently with Digest.PH’s legal research platform. Whether you need full-text court decisions, categorized case digests, or AI-powered legal summaries, our tools are designed to help you build a strong legal foundation—faster and smarter.

Visit Digest.AI to generate citations, summarize laws, and answer legal questions, or browse our case digest library and court decision database to take your research to the next level.

How to Write a Legal Basis in Research (2025 Guide for Law Students)